SURRY COUNTY, VA - COURT - Appointment of Commissioners for trial of Indian Slave Ned, 5 Dec 1709 --------------¤¤¤¤¤¤-------------- Court Records: Southmark Twnship Councill, Surry Co, VA Contributed for use in USGenWeb Archives by: Von Mings Stachon, vstach@ix.netcom.com Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm SLAVE OFFENSES ACT(1709) EDMUND JENINGS, Esq., President of ye Councill of her majesties Colony and Dominion of Virginia to Arthur Allen, William Brown, Thomas Holt, Nathaniel Harrison, Samuel Thompson, William Edwards, William Cock, Walter Cock, Etheldred Tayler, Robert Ruffin, gentlemen, all of ye County of Surry GREETING WHEREAS by? one Act of ye General Assembly made at an Assembly begun at her majesties loyall Capitol ye 23rd day of October 1705. And in ye fourth year of her majesties reigne entituled An Act For ye Speedy And Easy Prosecution of Slaves Committing Capitol Crimes. It is enacted that every slave committing such offense as by ye law ought to be satisfied by ye death of ye offender or loss of member shall be forthwith committed to ye common gaol (jail) of ye county within which such offense shall be committed thereto be safely kept and that ye sherr.(sherriff) of such county upon such committment shall forthwith upon such committment shall certify such committment with the cause thereof to ye government or Commander in Chief of this, her majesties said Colony & Dominion for ye time being who is thereupon desired and impowered to issue out a Comission of Ayer and Terminer directed to such persons of ye county as he shall think fitt which persons forthwith after ye receipt of such commision are impowered and required to cause the offender to be publicly indicted and arraigned at ye Court House of ye said County and to take for evidence ye confession of ye party or ye oath of two credible witnesses or aforewith pregnant circumstances without ye solemnity of a jury and the offender being by them found guilty to pass such judgement upon such offender as ye law provides in the like cases and on such judgement to award execution. AND WHEREAS it hath been represented to me by Joseph John Jackman, gentlemen, Sherr. of ye said County of Surry that one Ned, an indian slave, belonging to William Davis of North Carrolina is committed to and remains in ye common goal (jail) of ye said county on suspicion of his being guilty of burglary and felony in breaking ye mill of John Leer, gentleman, in ye said county and taking therecout diverse bags of corne and meal &c. and also in breaking open the chest of William Stringer in ye said county Carpenter and taking thereout severall sorts of carpenter tools and hath prayed that a commission may fine for ye tryall (trial) of the said Indian slave according to ye aforesited Act of ye government ofs:rs (possibly officers). KNOW YEE THEREFORE that I, the said Edmund Jenings, Esq, President &c. by virtue of the power and authority derived to me by her majesties Royall Justaustions?(Justices?) bearing date the fifteenth day of November 1707: for acting as Lieutenant Governor's Commander in Chief until ye arrival of his Excellency Robert Hunter, Esq., her majesties Lieutenant and Governor Generall of this, her Colony and Dominion of Virginia and ye said Act of ye General Assembly do assign and impower you, ye said Arthur Allen, William Brown, Thomas Holt, Nathan Harrison, Samuel Thompson, William Edwards, William Cock, Walter Cock, Etheldred Taylor & Robert Ruffin or any four or more of you whereof any of you Arthur Allen, William Brown, Thomas Holt, Nathaniel Harrison, Samuel Thompson or William Edwards to be one justice in such manner and by such ways and methods as in ye said act of ye General Assembly is directed prescribed and sett down to enquire of and to hear & determine all treasons, petty treasons, or onis? prisons, thereof, felonys, murterhers(murderers) or other offences or crimes whatso-ever committed or perpetrated within the said County of Surry by ye said Indian slave named Ned and more especially the burglary and felonies aforesaid for ye better performance whereof you, or any four or more of you, as aforesaid are hereby required and commanded between ye second and twelfth days of January to cause ye said Indian slave to be indicted and arraigned for ye said offence or offences or any of them whereof he shall be accused and ye said Indian slave being found guilty in such manner as ye said Act of ye General Assembly doth direct to pass judgement as ye law of Great Brittain provides in ye like case & on such judgements to award execution or otherwise him to acquitt as of right ought to be done given under my hand and ye seale of ye Colony at Williamsburgh this fifth day of December 1709: in ye eighth year of her majesties reign. E. Jenings A Commission of Ayer and Terminer.................) for ye tryal of Indian Ned in Surry County........) . . . . . . At a court held at Southmark for . . . . . . the county of Surry January ye 10th 1709 The abovesaid Commission published in court.. . . . . . . . . . .Test. John Allen, Cl. Cur. Vere Record: . . . . . . . . Test. John Allen, Cl. Cur. Virginia Jp:? . . . . . . . . .Ann by ye grace of God of Great Brittain, France & Ireland, Queen, sigitt. . . . . . . . . . . . .defender of ye faith &c. to Arthur Allen, William Brown, Thomas . . . . . . . . . . . . . . . . Holt, Nathaniel Harrison, Samuel Thompson, William Edwards, . . . . . . . . . William Cock, Walter Cock, Etheldred Tayler & Robert Ruffin: Greeting know ye that whereas you are: constituted and appointed Justices of Ayer & Terminer for ye tryall (trial) of Ned, an Indian slave, we do therefore authorize appoint ye commission being read as usuall any two of you, ye said Arthur Allen, William Brown, Thomas Holt, Nathaniel Harrison, Samuel Thompson & William Edwards having first taken the oath appointed by Act of Parliament to be taken instead of ye oaths of allegiance & supremacy the oath mentioned in an act declaring ye alteration in ye oath appointed to be taken by ye Acts instituted an Act for ye further security of his majesties performance the succession of ye Crown in the Protestants line and for extinguishing ye hopes of ye pretended Prince of Wales and all other pretenders and their open and secret abetters? and for declaring ye association to be determined as also ye test together with ye oath of duly executing ye Office of Justice of Ayer and Terminer which ye said William Cock and Walter Cock or any two in ye comission abovenamed are hereby required, authorized and impowered to give and administer to you, your Administer be ye above Justices and every of them in ye comission above named the above mentioned oaths and test together with ye oath of duly executing the Office of Justice of Ayer and Terminer of ye performance of which you are to make due returne to our secretarie's office. Witness our trusty and well beloved Edmund Jenings, Esq., President of our Councill of State of this, our Colony and Dominion of Virginia, at Williamsburgh under ye seele of our said Colony this 5th day of December 1709, in the eighth yeare of our reigne. E. Jenings A Ded. (dedimus) for administering ye oaths &c.. . . . ) to ye Justices of Ayer & Terminer in Surry County. . . ) . . . . . . . . . . .At a court held at Southmark for . . . . . . . . . . .ye County of Surry January ye 10th 1709 The abovesaid Dedimus published in courts. . . . . . . . . . . . . . . . .Test. John Allen, Cl. Cur. Vere Record: . . . . . . . . . . . . . . . .Test. John Allen, Cl. Cur. NOTE: Spelling is as appeared in original document. Some explanatory words in parenthesis were added by the transcriber. Some paragraphing was added by the transcriber for ease in reading. There are no paragraphs in the original. Format for signatures was kept as closely as possible to the original. Words not clearly decipherable are followed by a question mark. Source: Library of Virginia, Wills & Administrations, Deeds & Wills, Etc. 6, 1694-1709, Reel 3 ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Von Mings Stachon, vstach@ix.netcom.com ___________________________________________________________________